That's why CANADA is a better country than the USA Because Marijuana is 100% legal everywhere in this country .

Anonymous · 6 months ago

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Generally speaking, in most states, an employer can discharge you at any time for any reason they care to use. So if their company guidelines are that there is zero tolerance for positive pot tests, then yes they can fire you. You need to consider the "image" of the company to the business world if they condone pot smoking in their employees. It could cost them a lot of business. To answer your original question, normally unemployment benefits ARE NOT paid to discharged personnel.

depends on specific state laws. even though it is legal in some states, some jobs you need to be drug free (ie heavy machinery). I had a friend who drove maintenance trucks. If he had a drink at night and had any reading at all the next morning he would lose his job.

in my state, even with some misconduct..aks for cause.... (I have to look it up), you can still get benefits,but the start date is delayed...hoping you get another job during that time period.

street pot and heavy use is NOT HARMLESS. 19% of drivers killed in car accidents tested positive for pot. A recent study showed heavy use induces psychosis. they keep making it more and more potent...and they mix in highly dangerous drugs to get you hooked so you come back for more....that extra ingredient might be what could kill you.

my former friend in NJ was fired for bringing and brandishing a weapon at work....she got benefits, they just started late.

Were you issued an employee handbook? When you were hired you had to have been made aware that random drug tests are given and what they are looking for. You would also have to sign something stating you are aware of this rule and are willing to abide by it. This might be your only defense to this termination.

Some industries, like truck driving, have a zero tolerance policy for drugs and alcohol. The law in your state may be a blood-alcohol level over .08 is drunk driving but ANY alcohol in your system prevents you from taking out a rig on a run. Your company also has a lot to say about it when it comes to worker's compensation insurance or OSHA regulations. If you injure yourself at work and test positive for anything at the hospital while getting checked out, worker's comp is going to think twice about covering your injury and maybe drop the company from coverage.

No a failed drug test would disqualify you for benefits at any place of business unless you can prove that you were prescribed marijuana (THC?) under a doctors care and you already brought documentation to HR prior to using it. HR would have documented confirmation whether your job duties would be affected.

If you're fired "for cause" you can't collect unemployment. It all depends on what your employer reports. If they say it was for failing a drug test and one of the conditions of your employment is that you pass the test, you are SOL. If pot is legal in your state and drug testing isn't a condition of your employment you can appeal and maybe get it.